Most lawyers are now taking at least 25% from your claim – in fact, some are taking figures of 40% and even wanting upfront fees for administration charges, insurance, arrangement fees, and all sorts!
So if you have just received some paperwork from a lawyer, or perhaps you have just spoken to a law firm about starting a case, can you change firms if the charges are too high? When is it too late to get out of your dealing with a solicitor and come to us for a better deal?
The first question on your lips may well be whether it is worth trying to stop the case with the current solicitor so far. Can we save you money? Of course we can!
For most cases we don’t have to take the full 25% and we don’t hit you with any upfront or hidden charges. So we can normally offer you a far better deal and save you potentially thousands of pounds.
But is it too late? Are you past the point of no return with the other solicitor you have had contact with?
Without sight of their terms and conditions, and without knowledge of what you may or may not have agreed, I cannot fully advise you – but I can give you some guidance to allow you to be able to find out or get out before it’s too late…
Have you instructed the solicitor?
If you have signed paperwork (normally this is called the Conditional Fee Agreement) then you may have instructed them to start a case. You can verbally authorise a solicitor and enter in to a contract that way as well. So you do not have to sign anything; but if you have signed either a paper agreement or an online agreement, or given verbal authorisation, you could be tied in.
Is there a cooling off period?
For ‘over-the-phone’ arrangements they are normally governed by the Distant Selling Regulations (DSR) which normally allows you a 14 day cooling off period. So if you are within that 14 day cooling off period, you may be able to cancel without charge.
IMPORTANT WARNING! – You can waive your right to this cooling off period either through written agreements or verbally. However this should have been explained to you for it to be effective. So if a solicitor didn’t explain that you have a 14 day cooling off period and that you are waiving this by instructing them to proceed with the case, the agreement may not be effective.
If you have received paperwork and you give the go-ahead thereafter, you could be waiving your right to a cooling-off period if it is explained in the paperwork.
Will I be charged if I cancel?
This depends on the solicitor – but if you have provided authority to proceed and they have incurred fees on the case, they may have the right to come to you for payment if you cancel the case. Even in the early stages, if you’re tied in with them and there is no cooling-off period, you can be charged.
Can I transfer a case?
We live in an age of fixed fees and Claimants being charged thanks to overzealous government reform in the personal injury industry which has been triggered by pressure from the powerful insurance firms. So it is nowhere near as easy as it used to be because you could end up with higher charges for moving the case over to a new law firm.